Section 48   [ View Judgements ]

Amendment of section 144


In section 144 of the principle Act,-



(i)in sub-section (1),-



(a)for the words "varied or reversed, the Court of first instance", the words "varied or reversed in any appeal, revision or other proceeding or is set aside or modified in any suit instituted for the purpose, the Court which passed the decree or order" shall be substituted;



(b)for the words "such part thereof as has been varied or reversed", the words "such part thereof as has been varied, reversed, set aside or modified" shall be substituted;



(c)for the words "consequential on such variation or reversal", the words "consequential on such variation, reversal, setting aside or modification of the decree or order" shall be substituted;



(ii)in sub-section (1), the following Explanation shall be inserted, namely:-



'Explanation.- For the purposes of sub-section (1), the expression "Court which passed the decree or order" shall be deemed to include,-



(a)where the decree or order has been varied or reversed in exercise of appellate or revisional jurisdiction, the Court of first instance;



(b)where the decree or order has been set aside by a separate suit, the Court of first instance which passed such decree or order;



(c)where the Court of first instance has ceased to exist or has ceased to have jurisdiction to execute it, the Court which, if the suit wherein the decree or order was passed were instituted at the time of making the application for restitution under this section, would have jurisdiction to try such suit.'.

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